By Email

Tel. No. 22670771 (0) No.Per.Gen.Sec. sp4S/2019.

E-mail: [email protected] Dated : zL October, 2019.
From:
S. C. Chandak,
Registrar (Personnel),
High Court, Appellate Side,
Bombay.

To
The Registrar, High Court Benches at Nagpur and Aurangabad.
The Registrar, High Court of Bombay at Panaji-Goa.
The Principal District and Sessions Judge, in the State of
Maharashtra, Goa and Union Territories of Diu, Daman and
Dadra & Nagar Haveli, Silvassa.
The Principal Judge, City Civil and Sessions Court, Greater
Bombay.
The Chief Judge, Court of Small Causes at Bombay.
The Chief Metropolitan Magistrate, Mumbai.
The Principal Judge, Family Courts, in the State of Maharashtra.
The President, Industrial Court, Maharashtra, Mumbai.

Subject :- Proposals for Inter District Transfer

Guidelines to Conduct Discreet Enquiry in respect of Inter
District Transfer and Check/Compliance list of documents/
information while forwarding the proposals for inter
district transfer of judicial employees.

Reference:- High Court letters No.

1) Per.Gen.Sec. 661A/2014, dated 2"" July, 2014.
2)Per.Gen.Sec. 3608/2015, dated 17' November,
2015.
3) Per.Gen.Sec. 5376/2016, dated 2? June, 2016.
Sir/Madam,

With reference to the subject noted above, I am directed to

forward herewith the Guidelines to Conduct Discreet Enquiry in respect
of Inter District Transfer as "Annexure-A" and the check/compliance list
....2/-
 2•
of documents/information "Annexure-B" while forwarding the proposals
for inter district transfer of the judicial employees.

Yours faithfully,

--<<r
Registrar (Personnel)

Encl:-1) Annexure-A (Guidelines to Conduct Discreet Enquiry in respect of

Inter District Transfer).
2) Annexure-B (Check/Compliance list).
 Annexure - A
Guidelines to Conduct Discreet Enquiry in respect of
Inter District Transfer:-

The discreet enquiry should be conducted by the Judicial Officer

only, as may be nominated by the Principal District and Sessions
Judge concerned.

The Enquiry Officer should enquire with people of acquaintance

of the family of Judicial employee without disclosing to them the
purpose of enquiry.

The Enquiry Officer should ascertain the truthfulness in respect: of

the contents in the application with relevant documentary proof.

Whenever the transfer is sought on the ground of necessity to look

after old parents or necessity to look after the concerned parents /
relatives on account of severe illness, the Enquiry Officer should
enquire into :-
Whether someone else is available other than the judicial
employee, to take care of the parents or relatives to look after
whom the transfer is sought.

Whether the brother/s of applicant is/are residing jointly or

separately from parents and whether the family disputes
between them.

Whether the brother/s of applicant is/are taking care of

parents.
....2/-

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 :2:
5) If the transfer is sought on the ground of difficulties about
education of children, Enquiry Officer shall conduct the enquiry to
find out whether:

child/children is taking some special kind of education for

which facilities are not available where the judicial employee is
serving.

whether such facilities are available at the place where

the judicial employee is seeking transfer.

6) If the transfer is sought on the ground to accommodate both

spouse at one place, aim of enquiry shall be to find out whether
spouse is really serving / working / doing business, etc. at the place
where transfer is sought, nature of such service / work / business etc.
and likelihood of shifting of such service / work / business at any
other place.

7) If the transfer is sought by the judicial employee on the ground

of self illness and that the medical facilities are not available at the
place where he or she is serving, discreet enquiry shall be with
regard to the nature of illness, facilities required for treatment of
such illness, whether such facilities are available or not at the place
of posting.

8) The Enquiry Officer shall give his/her candid opinion regarding

truthfulness of the ground's mentioned in the application for Inter
District Transfer.

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 Annexure-B
CHECK/COMPLIANCE LIST
The checic/coniPliance list as per the Rules for the Inter District
Transfers of Subordinate Judicial Staff in the State of Maharashtra -1996 (in
short the said Rules 1996) and Guidelines for Transfer of High Court
Employees to Subordinate Courts in the State of Maharashtra and vice-versa-
2012 (in short the said Guidelines-2012), and amendments made thereto, for
verification of the proposals for inter district transfer is as follows:

Sr. List of Documents/Information Source of

No. Collection
1 The Principal District Judge/Head of Judicial Registry of
Establishments, should state as to whether he/she is ready Court's
to relieve the applicant from his/her establishment if the Concerned
of the applicant is considered.
2 Letter of the concerned Principal District Judge/Head of Registry of
Judicial Establishments, where the applicant has sought Court's
Inter District Transfer, communicating the readiness to Concerned ,
accommodate the applicant.
3 The concerned Registrar of High Court Benches and/or the Registry of
Principal District Judge/Head of Judicial Establishments, Court's
shall forward his/her clear and definite opinion as to Concerned
whether the applicant is satisfying all the requirements of
transfer as prescribed by the said Guidelines-2012 and/or
the said Rules -1996.
4 While communicating the readiness to accommodate the Registry of
applicant on his/her establishment the concerned authority Court's
should inform the following details to the concerned Concerned
establishment Head from which the proposal is received so
that this office is not required to call the said information:-
"The details of vacant posts, Select/Wait List on
the District Court Establishment/other Judicial
Establishments, where the applicant has sought
transfer (i.e. Nos. of candidates on wait list,
candidates appointed till date and candidates
remaining to be appointed, date of sanction and
expiry of the wait list).
5 As to whether any kind of anonymous complaints, Registry of
administrative or judicial complaint/inquirytis pending or Court's
proposed to be initiated against the applicant. Concerned
6 The details of family (i.e. Name, age, marital status,
residential address, education/service/profession of father,
mother, brothers, unmarried sisters, wife and children etc.)
of the applicant alongwith documentary proof.
If the applicant has sought transfer on the ground of
necessity to look after his/her parents, having an advanced
age he/she •is required to send the details of his/her Applicant
brother/s with service and residential proof.
If the applicant is the only son of his parents, then the
same should be mentioned in his transfer application or in
the family details alongwith residential proof of parents
viz, copy of ration card.
If the applicant's brother/s is/are working on any
judicial establishment of the State of Maharashtra other
than his native place, he/she is required to send the
undertaking of the incumbents stating •therein that his
brother will not claim transfer on the same ground.
If the applicant is seeking transfer to the adjacent
District Court of his native place, due to non-availability of
vacant Post in the District Court of his native place, in such
case the applicant has to submit undertaking to the effect
that in case his/her application is allowed, he/she will not
claim further inter district transfer to any other district in
the State of Maharashtra in future.
7 If the applicant's brother/sister is taking education he/she
is required to send the current bonafide certificate of the Applicant
incumbent.
If the applicant's brother/s is in service he/she is required
to send the current service and fesidential proof of his/her
brother/s.
8 Latest service certificate of the spouse of the iapplicant, if
the applicant has sought transfer on the• ground to Applicant
accommodate both the spouses at one place and salary
statement of last 3 months.
9 Marriage certificate/copy of gazette of applicant for change Applicant
of her name after the marriage, if the applicant has sought
transfer on the ground that her husband is in service and
vice versa.
10 If the applicant has sought transfer on' medical ground of Applicant
himself/herself or his/her dependents viz, father, mother,
wife, children and brother etc., he /she is required to send
the recent Medical certificate and medical treatment
papers of the concerned dependents.
11 If the applicant has sought transfer on the ground that Applicant
his/her children are taking education, he/she is required to
send the current Bonafide certificate of the children.
12 Undertaking to the effect that whatever facts/reasons
is/are mentioned by him/her in his/her application is/are Applicant
true and correct. If any information is found false or
wrong, his/her application will be rejected and suitable
disciplinary action will be taken against him/her.

13 Undertaking submitted by the applicant is according to a)Applicant

prescribed format (i.e. Clause 1 to 9) and required to be b)Registry
signed by applicant and duly attested by the Presiding of Courts
Officer/Head of Department/Registry. Concerned
14 Bio-data submitted by the applicant is according to a)Applicant
prescribed format and required to be signed by applicant b)Registry
and duly attested by the Presiding Officer/ Head of of Court's
Departmen t/Regis try. Concerned
15 If, the proposed transfer is on Mutual basis, both the Registry of
concerned establishments of High Court and District Court's
• Concerned Judiciary or concerned Head of Judicial Concerned
Establishment Courts should send separate proposals to
the High Court.
16 In case the applicant is working on the establishment of
Subordinate Court and has sought transfer to the Principal
Seat or Bench of the High Court, then the Principal District Registry of
and Sessions Judge Concerned should verify as to whether Court's
the applicant is complying the Guideline No. 14 of the Concerned
Guidelines for Transfer of High Court Employees to
Subordinate Courts in the State of Maharashtra and
Viceversa- 2012.
17 After compliance of all information/documents according Registry of
to the Rules and Guidelines framed for transfer and Court's
directions issued from time to time, without delay, the Concerned
transfer proposal should immediately be forwarded to the
High Court for further directions. The proposals for Inter
 District Transfer should not be disposed off by the
Administrative Head of Department of District Court and
Benches on any ground including want of readiness of the
transfer District.

Note:- Head of Judicial Establishments shall mean and include Principal

Judges of City Civil Court, Family Court, Chief Judge, Small Causes
Court, President Industrial Court and Chief Metropolitan Magistrate.

The Administrative Heads of the concerned Court's Registry are hereby

requested to forward the proposals for inter district transfer of judicial
employees only after complying with the abovesaid checklist. The proposals if
forwarded without due compliance of the checklist will not be entertained
and will be returned to the Registry concerned.

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